Q: arrested with DWI 3rd but brought evidence that DWI 2nd was dismissed DWI 3rd dismissed
resisting charge was from same arrest and going to jury trail no option was given for speedy trial excessive force of officer and never shown warrant for blood and only pulled my own arm away could it get dismissed and I could ask permission to sue
A: You need to sit down with your lawyer; you have stated several separate issues that need individual attention. Good luck.
A: If you are set for a jury trial you need to have a criminal defense lawyer representing you. Could you get the resisting dismissed? You need a lawyer to see how likely that is. Most prosecutors are reluctant to dismiss resisting cases, but I'm not sure which court this is in. Can you ask for permission to sue? You don't really need permission to sue, you need the right facts and a great lawyer. The problem is in Texas it's almost impossible to sue the police. They have immunity in many cases. Still, you need to hire a lawyer to defend you in the criminal case. That's the first thing to focus on.
A:
Your attorney has access to copies of the prosecution's evidence of resisting so your attorney is the only person in any position to discuss whether or not that charge is likely to be dismissed.
Consult an attorney who handles federal section 1983 civil rights cases about suing the police.
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